Getting an adjournment (postponement) in an Ontario family court is not automatic. Judges require solid, documented proof-such as a detailed medical note for emergencies-and will heavily penalize litigants who use delay tactics with severe financial cost awards.
Family court in Ontario operates on strict timelines dictated by the Family Law Rules. 📅 Whether you are facing a case conference, a motion for spousal support, or a final trial, court dates are scheduled months in advance. When a sudden emergency arises, such as a severe illness, the loss of your lawyer, or a family crisis, you may need to ask the Superior Court of Justice to postpone your hearing, a process legally known as requesting an “adjournment.”
Many self-represented litigants mistakenly believe they can simply call the courthouse in Toronto, Hamilton, or London on the morning of their hearing and say they cannot make it. 🚨 This is a dangerous misconception. As of May 2026, Ontario judges are under immense pressure to clear case backlogs. They view last-minute adjournments with extreme suspicion. Unless you follow the proper legal procedures and provide undeniable evidence of your emergency, the judge may proceed with the hearing in your absence, resulting in a disastrous court order against you.
Step-by-Step Process for Adjourning an Ontario Family Court Case
Requesting an adjournment requires immediate action and clear communication. 📝 You cannot afford to wait until the last minute. If you know you cannot attend or are unprepared due to circumstances beyond your control, follow these steps to protect your case.
Step 1: Seek the Opposing Party’s Consent
The easiest way to get an adjournment is if both sides agree to it. 👨 Your lawyer should immediately contact your ex-spouse’s law firm to request their consent to postpone. If the opposing party agrees, you can file a “Consent Motion” or a “14B Motion” with the court. Judges are much more likely to approve a delay if neither side is objecting to it.
Step 2: File a Form 14B Motion if Consent is Denied
If your ex-spouse refuses to agree, you must formally ask the judge to decide. 📄 You or your lawyer must draft and file a Form 14B Motion (a motion on consent or without notice/in writing) or a regular Form 14 Notice of Motion, depending on how close the court date is. You must explain exactly why the delay is absolutely necessary and why it will not unfairly prejudice (harm) the other party.
Step 3: Provide Ironclad Evidence
Judges hear excuses every day. You must provide proof. 🔍 If you are requesting an adjournment due to a medical emergency, a generic doctor’s note saying “off work for 3 days” is rarely enough. The medical note must explicitly state that you are medically incapable of participating in a court proceeding. If you fired your lawyer, you must prove you are actively seeking new representation.
Step 4: Attend Court (If Not Granted Beforehand)
If the judge has not formally granted your adjournment before the hearing date, you or an agent must show up. 💼 You must attend virtually or in person to verbally request the adjournment on the record. If you simply do not log in or show up, the judge is legally permitted to strike your pleadings and make final orders based solely on what your ex-spouse asks for.
How Much Does it Cost in Ontario?
Delaying a court case is rarely free. 💰 If your request inconveniences the other side, the court will almost certainly make you pay for their wasted time.
| Cost Consequence / Expense | Estimated Financial Impact (CAD) |
|---|---|
| Filing a Motion for Adjournment | $0 (Filing family court forms is generally free) |
| Your Lawyer’s Fees (Drafting Motion) | $500 – $1,500+ |
| Opposing Party’s “Wasted Costs” | $1,000 – $5,000+ (Judge may order you to pay this) |
| Peremptory Order Penalty | Loss of your case if you fail to show up next time |
How Long Does the Process Take?
Time is of the essence. 🕙 If you file a Form 14B Motion well in advance, a judge might review and grant it within 1 to 2 weeks. If the emergency happens the night before, you must deal with it on the actual morning of the trial. If the adjournment is granted, your new court date will typically be pushed back anywhere from 2 to 6 months, depending on the courthouse’s availability in your specific Ontario municipality.
Frequently Asked Questions (FAQ)
What is a “Peremptory” court date?
If a judge grants you an adjournment, they will often mark the next hearing date as “peremptory” on you. This is a strict legal warning meaning “no more delays.” If you are not ready on that next date, the case will proceed without you, no excuses accepted.
Can I get an adjournment to find a new lawyer?
Yes, judges will generally grant one short adjournment if your law firm drops you or if you fire them, so you can retain new counsel. However, you cannot repeatedly fire lawyers just to delay the trial.
Will the judge adjourn if my ex didn’t give me their documents?
Yes. If the opposing party “ambushes” you with massive amounts of financial disclosure or new affidavits a few days before a trial or motion, the judge will likely grant an adjournment so your lawyer has fair time to review the evidence, usually at your ex’s expense.
What happens if my adjournment is denied and I am not there?
If the judge denies the request and you are absent, the matter proceeds as an “uncontested” hearing. The judge will review your ex-spouse’s evidence and likely grant the orders they are asking for regarding support, parenting time, or property division.
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